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V. KAMESWAR RAO, MANMEET PRITAM SINGH ARORA
Union of India – Appellant
Versus
Bishan Dass – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPLs. 47994-47995/2023
Allowed, subject to just exceptions.
Applications disposed of.
W.P.(C) 12213/2023, CM APPLs. 47993/2023 & 47996/2023
1. The challenge in this petition is to an order dated January 17, 2023 passed by Central Administrative Tribunal in O.A. 2451/2017, whereby the Tribunal has allowed the OA by stating in paragraphs 8 and 9 as under:
"8. Heard counsel for the parties at length, perused the records and gone through the legal position as well. The applicant who has since been retired on 30.06.2005, was left out for the reason that he was not in service on the date when the DPC took place for consideration to the aforesaid post. According to the respondents, the applicant is not entitled for consideration for promotion because he has not actually shouldered responsibilities of the said post. If we apply the above ratio of P.G. George and Jagdish Lal (Supra), the applicant is liable to be considered for promotion even after his retirement on notional basis. Even according to the DoPT OM dated 12.10.1998, retired employee who were within zone of consideration in the relevant year are entitled for notional promotion.
9. In view of the f
Retired employees are entitled to consideration for notional promotion and consequential benefits as per relevant regulations and judicial precedents.
The benefit of notional promotion cannot be given retrospectively to retired employees if their juniors were promoted after their retirement.
Retired employees are not eligible for notional promotion as per the OM dated 28.12.2023, since the benefits apply to serving employees only.
The legal principle established is that similarly placed individuals are entitled to notional promotion and consequential benefits based on the directions of the Tribunal.
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